Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First

While considering a special leave petition assailing Jharkhand High Court's order, the Supreme Court recently deprecated the practice of filing a second application u/s 438 of the Code of Criminal Procedure after the rejection of the first one.

The bench of Justices Ajay Rastogi and AS Oka noted that the High Court on November 10, 2020 had rejected petitioner's first application u/s 438, CrPC. It further noted that pursuant to that there was no substantial change of circumstances placed on record while filing the second application seeking pre-arrest bail u/s 438 of the Code which was rejected on August 2, 2021.

Dismissing the special leave petition the Court also remarked that the petitioner's counsel was unable to show any change of circumstances to invoke the jurisdiction of filing second application u/s 438 of the Code before the High Court.

"We deprecate such practice of filing second application under Section 438 of the Code after the first being rejected", the Court observed.

Case Before Jharkhand High Court    

Apprehending arrest in connection with a case instituted under Sections 279, 307, 308, 511, 427, 353 of the Indian Penal Code, Section 12 of Prevention of Slaughter of Bovine Animals Act, 2005 and Section 11 of Prevention of Cruelty to Animals Act, the petitioner had approached the High Court for grant of privileges of anticipatory bail.

While dismissing the anticipatory bail, the bench noted that the petitioner's application was earlier also rejected on November 10, 2020 and there was no fresh ground in the same.

"Considering the serious nature of the allegation against the petitioner and the requirement of his custodial interrogation during the investigation of the case, this Court is of the considered view that this is not a fit case where the petitioner be given privilege of anticipatory bail. Accordingly, the prayer for anticipatory bail of the above named petitioner is rejected on the same ground as mentioned in the order dated November 10, 2020," Justice Anil Kumar Choudhary noted in the order.

Case Title: Md Shamim Khan v. The State of Jharkhand| Special Leave to Appeal (Crl.) No(s). 9449/2021

Coram: Justices Ajay Rastogi and AS Oka

Click Here To Read/Download Order